Birth Injury Litigation

birth injury attorney injuries can cause serious disabilities and can affect the quality of life for birth injury your child. The medical treatments that they require can be costly and take a long time.

A competent lawyer will file your birth injury lawsuit and investigate the incident to gather evidence, build the case for negligence, and also represent you in settlement negotiations or in court should it be necessary.

Settlements

In the majority of medical malpractice cases, the defendant and plaintiff reach an agreement prior to the case goes to trial. This helps both parties save money and stress-inducing court fees, and it gives the plaintiff a promise of compensation. In the event that an agreement cannot be reached, a jury will determine whether the defendants owe the plaintiff compensation and how much money they should pay.

The first step toward receiving the financial compensation your child deserves for his birth injury is to prove that the doctor you hired to deliver your baby had an professional relationship with you, and he violated the duty of care during the birthing process. This can be done by using medical documents and hospital invoices. Your lawyer will also need to gather evidence that the breach led to the injuries to your child.

If you have evidence, your attorney will then submit a list of demands to the malpractice insurance companies of the defendants. The demand package will contain a comprehensive letter that outlines the child's injuries and the supporting documents. The malpractice insurance company will review the request, and either decide whether or not to accept it. If the demand is denied your lawyer will file a lawsuit.

If you are the victim of a successful birth injury lawsuit the attorney you consult with may recommend placing some of the settlement or award in a special trust for children with disabilities. This will enable your child to have access to future funds to fund things like medicine or physical therapy as well as home modifications.

Trials

In some cases, attorneys will attempt to come to an agreement on how to settle the issue before taking it to court. Settlements provide the plaintiff with financial compensation and is a formal agreement that settles the case.

An attorney's team will collect evidence to prove medical experts didn't adhere to a strict standard of care, causing an injury. Lawyers representing the defendants will gather their own evidence to counter allegations. The attorneys will meet to discuss for a settlement. If a settlement cannot be reached the case will be sent to trial.

The trial process could take a long time to take to. Plaintiffs could feel pain, stress and even risk when they recall their child's birth injury trauma. The winning side may receive a large settlement. The losing side may appeal the decision.

An experienced birth injury lawyer can make a huge difference in your case. A legal professional can ensure the best outcome at every stage of the legal process, starting with the creation of the demand letter, to filing the lawsuit and discovery, settlement negotiations and trial, when necessary, appeals. They can assist you in obtaining the life-changing amount of compensation your family requirements. A lawyer can also help you establish a experts to back your claim. The legal team of Lipsitz Green will investigate the case to determine what happened and fight for a fair compensation.

Statute of Limitations

Medical professionals have their own set of rules to follow in their procedures. This includes the statute of limitations, which imposes a time limit for filing lawsuits. This limitation is designed to ensure that claims are filed while evidence is available in physical form and the memories of witnesses are fresh. A lawsuit filed after the statute of limitations has expired will be dismissed even when it has a solid legal basis.

For birth injury attorney injury victims, the statute of limitations can be crucially important. A successful lawsuit could provide the compensation needed for future and ongoing medical expenses and lost wages resulting from the absence of work to care for the child, as well as emotional stress. In some cases the judge or jury may also award punitive damages to punish defendants for their extreme carelessness.

A New York attorney who is familiar with birth injury claims should represent victims. They can investigate the incident, collect evidence, build an argument for negligence, and seek a settlement or go to trial if necessary. In some cases the defendant could try to dismiss a lawsuit claiming that the statute of limitation is over. A lawyer can determine quickly if this is the situation. If the matter involves public hospitals which are operated either by the state, local or federal government there is a separate and shorter statute of limitations could be in place.

Expert Witnesses

Expert witnesses can help juries and judges better understand the evidence and facts of a medical malpractice case. They may also provide expert or professional opinions and inferences to help them make the right decision. They are able to offer this advice because their knowledge and expertise is more specific and reputable than an average person or someone who is not a medical professional.

A lawyer may hire an expert witness to look over medical records, provide testimony, and aid the lawyer in preparing the case. The expert would then be required to sign an affidavit as well as testify in court about their findings. An expert could be a hospital employee or health care provider at the defendant's facility, or an outsider.

The testimony of an expert should reflect the state of medical knowledge at the time of incident in the case. The expert should not condemn performance that falls within generally accepted practice standards, nor should they accept any performance that is not in the scope of the standards. Experts should be prepared and able to submit transcripts of depositions and courtroom testimony to peers for review. They should not enter into contracts where the fees for their expert testimony are disproportionately expensive in comparison to the time and effort involved.

Parents of children suffering from a severe birth injury may be able to seek compensation for the future care that their child will require, and for any previous expenses they have already paid to provide care for the child. A steadfast attorney can determine if negligence caused the child's birth injury and can secure compensation to reduce the financial burden for the family.